BRAVIN v. FASHION WEEK


75 Misc.2d 753 (1973)

Ira Bravin, Respondent, v. Fashion Week, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

October 10, 1973


Attorney(s) appearing for the Case

Daniel M. Shientag for appellant. Irving Moldauer and Irwin M. Berg for respondent.

Concur — MARKOWITZ, P. J., FINE and FRANK, JJ.


Per Curiam.

Plaintiff has been granted summary judgment for severance pay. Where an employee is justifiably discharged for a material breach of his employment agreement, he is not entitled to severance pay (Vogel v. Pathe Exch., 234 App. Div. 313, 318). The conflicting affidavits and documentation submitted below present a triable issue as to whether plaintiff's discharge for misconduct, disobedience and insubordination...

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